AP Gov Unit 1 & 2 review

Natural Rights

Born rights to Life, Liberty, and Property

Social Contract Theory

John Locke’s theory of an agreement between the government and citizens where individuals consent to surrender some of their freedoms in exchange for protection of their inherent rights.

Limited government

A government that does not have absolute power. Ex: checks and balances & bill of rights.

Checks and Balances (example)

Legislative Branch makes the laws but the Judicial Branch can declare it unconstitutional

Republicanism

A government where the people elect representatives to govern on their behalf

Participatory Democracy

Broad inclusion of people in a government where people vote

Pluralist Democracy

Group based activism, political groups compete

Elite Democracy

The upper class or “elites” hold the central power to make political decisions

Separation of powers

The division of Government responsibilities to limit one branch from having sole power

Federalism

A system of Government in which the same territory is controlled by two levels of Government

Exclusive powers

Powers only granted to the federal government and completely denied to the states

Concurrent powers

Powers that are not exclusively granted to the federal government

Reserved powers

Powers reserved to the people or states

Rule of Law

Principle that holds everyone accountable to any public laws

Popular Sovereignty

People are the source of the governments power

Virginia Plan goal

Goal was to create a government where large population states had more power than low population states

Virginia Plan for Legislature

2 house (bicameral) legislature where the lower house is elected by the people in state and the upper house (senate) is elected by the lower house. Both based on population

Virginia Plan Executive and Judicial Branch

Chosen by Legislature

New Jersey Plan

Goal was to create a stronger national government where all the states are equal in legislature

New Jersey plan for Legislature

Raise and collect taxes, regulate trade among states, and supreme law of land

New Jersey plan for Executive branch

multiple persons appointed by congress who enforce laws and direct the military

New Jersey plan for Judicial Branch

Appointed by the Executive, could determine causes related by legislative powers

Great Compromise (Connecticut Compromise)

Goal was to come to an agreement between big and small states

Great Compromise plan for Legislature

House of representatives, state senate elects 2 senators in statewide elections

Great Compromise plan for Executive Branch

1 President, chosen by electoral college

Great Compromise plan for Judicial Branch

Judges chosen by President and approved by Senate

3/5 compromise

Slaves count as 3/5ths of a person for total population for appointing house of representatives

Ratification process

9/13 states needed to ratify, 2/3 majority vote to amend

Federalists

Political party that advocated for a strong central government

Antifederalists

Opposed the ratification of the constitution and the creation of a strong central government.

House of Representatives: Reapportionment

Every 10 years we do a census to count the population of each state in order to figure out how many representatives each state will have

House of Representatives:Redistricting

After the census, each state must create a new district map, giving each representative a district to represent

Gerrymandering

Creating a house district that gives an advantage to a political party

Speaker of the house

The presiding officer for the house of representatives

17th Amendment

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote

Filibuster

A long speech given in the senate to delay a vote. Used by minority to block majority

Cloture

Senate needs 60 votes to end debate and more to vote on a bill. Leads to the filibuster being possible

Treaties

A legal agreement between 2 or more nations-approved by a 2/3 vote in senate

Appointments

Judges, Cabinet members, Ambassadors, and other officials are appointed by president and approved by senate

President of Senate/ Vice President of U.S

break tie votes

Senate majority leader

Most powerful leader in senate

Expressed Powers

Powers granted in the constitution

Implied Powers

Powers not explicitly stated in the constitution

Necessary and Proper Clause

Allows Congress to use means that are “necessary” and “proper” to exercise their expressed powers

Powers denied to congress

transatlantic slave trade 1808, no taxation unless proportion to a census or enumeration , no money shall be drawn from the treasury

Bill of attainder

A legislation that declares an individual or group guilty of a crime and imposes punishment without judicial proceeding

Ex Post Facto Law

A law that changes the legal consequences of actions that were committed before the action of the law

Writ of Certiorari

When a lower court is ordered to deliver its record in a case so the higher court may review it

Stare Decisis

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision.

Judicial Activism

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

Judicial Restraint

Judges refrain from deciding legal issues unless the decision is necessary to the resolution of a concrete dispute between adverse parties.

Standing Committe

1 house, permanent, day to day legislative business, where bills are reviewed and debated

Conference Committee

Both houses- temporary, when the house and senate pass different versions of the same bill and they must iron out the differences and create a single compromise bill to send to the president.

Rules Committee

only in the house of representatives, permanent, sets the terms for debate and voting on legislation in a legislature, controlling which bills reach the floor and when.

Original Jurisdiction and District Courts

1st court to hear a case, criminal and civil cases, District Courts have original Jurisdiction in federal courts

Appellate Jurisdiction

hear appeals from lower court decisions, courts of appeals have appellate jurisdiction in federal courts

Majority Opinion

a judicial opinion that is joined by more than half the judges deciding a case.

Concurring Opinion

the separate judicial opinion of an appellate judge who voted with the majority

Dissenting Opinion

the separate judicial opinion of an appellate judge who disagreed with the majority’s decision explaining the disagreement.

Chief executive

Enforce the laws and sees that they are being followed

Commander-in-chief

Military head-leads military policy. The president can send the military anywhere at anytime

Impeachment process

1- The House impeaches the official with a majority vote. 2-The Senate hears the case and acts as a jury in the case. Can remove with 2/3 vote

Sign (Law options)

It becomes a Law with his signature

Veto (Law Option)

Sends it back to congress, congress can override it with a 2/3 vote of both houses

Pocket Veto (Law Options)

If there are less than 10 days remaining in a session of congress, the president can let it sit and bill dies when congress adjourns

10 days (Law Options)

The president has 10 days to act, id he does nothing, it becomes a law with no signature

Electoral College

Needed to win president- 270/538 electoral votes

McCulloch V Maryland (1819)

In 1818 the state of Maryland passed legislation to impose taxes on the bank. James W McCulloch refused to pay the tax. The state appeals court held that the second bank was unconstitutional because the constitution did not provide a textual commitment for the federal government to charter a bank. Redefined the necessary and proper clause, while the states retained the power of taxation, the constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.

US v Lopez (1995)

A 12th grade student carried a concealed weapon into his highschool. He was charged under Texas law with firearm [possession on school premises. The next day the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute. The law is a criminal statute that has nothing to do with commerce or any sort of economic activity.

Baker v Carr (1962)

Voters sued Tennessee’s secretary of state arguing that the state’s failure to redraw legislative districts since 1901 resulted in unequal representation for growing urban areas compared to stagnant rural ones. Establish “one person one vote” standard

Shaw v Reno (1993)

The U.S Attorney General rejected a North carolina congressional reapportionment plan because the plan created only 1 black-majority district. 5 North Carolina residents challenged the constitutionality, alleging that its only purpose was to secure the election of black representatives. Established that race cannot be the predominant factor in drawing electoral districts, even if the intent is to create a minority-majority district to ensure minority representation.

Marbury v Madison (1803)

William Marbury was appointed to be Justice of the Peace for D.C. is commission for this job was not delivered to him before Jefferson took office. Establishes Principle/Precedent of Judicial Review (The Supreme Court can declare a law or part of a law unconstitutional, essentially voiding the law)

Federalist 10-James Madison

defended the form of republican government proposed by the Constitution

Brutus 1

Rebuttal of the federalist argument-in opposition to the ratification of the constitution

Article 3

Establishes the judicial branch as a co-equal branch of government, Allows congress to create other courts under the Supreme Court. Does not mention Judicial review

Federalist 78 (Hamilton)

The courts will be empowered to void Unconstitutional laws to protect liberty, rights, and to ensure constitution is followed